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   State Courts - Delaware - March 20, 2006

  
Custis v. Barr, C.A. No. 04C-05-047 RBY, SUPERIOR COURT OF DELAWARE, KENT, March 20, 2006, Decided
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Overview: Landowners had a right to judgment as a matter of law under Del. Super. Ct. R. Civ. P. 50(a); worker, as business invitee, did not show that a handrail from which he deliberately swung was defective. He used it in a way that they did not intend, it met code standards, and they met their burden of proof by showing a lack of material facts at issue.

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Hembree v. State, No. 83, 2006, SUPREME COURT OF DELAWARE, March 20, 2006, Decided
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In re GM (Hughes) S'holder Litig., No. 260, 2005, SUPREME COURT OF DELAWARE, March 20, 2006, Decided
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Overview: Trial court properly took judicial notice under Del. R. Evid. 201 of seller's Form 10-Q filed with Securities and Exchange Commission setting forth results of stockholders' vote on a series of transactions as complaint did not challenge that majority vote of holders of each class of seller's stock voted to approve transactions.

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Lemon v. Favuzza, C.A. No. 05C-07-036MJB, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 20, 2006, Decided
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Overview: Because a defendant's counsel miscalculated the deadline in Del. Super. Ct. R. Civ. P. 16.1 for filing a request for a trial de novo, the arbitration order was entered as a order of the court; the defendant's motion to reopen the case was denied.

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Simonton v. Simonton, No. 73, 2006, SUPREME COURT OF DELAWARE, March 20, 2006, Decided
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